Activities of Mihai ŢURCANU related to 2016/0151(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services in view of changing market realities
Amendments (26)
Amendment 21 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 62168 thereof,
Amendment 41 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceduce to a minimum the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.
Amendment 47 #
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, where a Member States should be encouraged to ensure that self-and opts for co- regulatory codes of conduct arion, this should be used to effectively limitto reduce the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Certain co-regulatory or self- regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 54 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In May 2016, the European Audiovisual Observatory published a report on the transfer of European films to video-on-demand platforms and cinemas in the European Union, which stressed the significant difference that exists between EU films and US films in this respect and noted that EU films circulate better on video-on-demand services than do films of other origins.
Amendment 61 #
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions, in conjunction with the national authorities, on jurisdiction upon the Commission's request.
Amendment 68 #
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouragneed to ensure that self-and co- regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.
Amendment 69 #
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouragneed to ensure that self-and co- regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 75 #
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship, while at the same time providing sufficient protection for the consumer. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.
Amendment 80 #
Proposal for a directive
Recital 16
Recital 16
(16) Product placement shouldought not to be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’s audience. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’s audience. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 84 #
Proposal for a directive
Recital 19
Recital 19
Amendment 94 #
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence. There is a need in this respect to set criteria centring on the quality of European works distributed under the majority share system, in such a way that consumers are able to access or view them as part of a significant audience.
Amendment 100 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that obligations on promotion of European works do not undermine market development and to allow for the entry of new players in the market, service providers operating on smaller markets or facing an economic crisis and/or companies with no significant presence on the market should not be subject to such requirements. This is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in Commission Recommendation 2003/361/EC33 . It could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on-demand audiovisual media services– they would be impracticable or unjustified. At the same time, it would be worthwhile having a system that encourages financial assistance for the production of quality European works, such as through tax incentives. __________________ 33 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 103 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) It would be recommendable for Member States to adopt a simple joint reporting system, linked to a single database for European works and independent productions as defined according to the criteria set in the directive;
Amendment 104 #
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25b) Imposing financial obligations could also be viewed as a competitive disadvantage, in that national providers would have to compete against service providers established in another Member State in order to secure the same audiences and revenue, but with scarcer means and under different requirements. National providers could benefit from flexibility when it comes to adapting business models for the promotion of European works, while avoiding the introduction of measures that could distort competition. In that respect, the calculation of the share reserved for works should be made on the basis of all the programme services provided by a media group, rather than on the basis of each individual programme service provided by a media group;
Amendment 109 #
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters. At the same time, in order to guarantee the protection of minors, it should be possible to apply the relevant technical measures to all platforms on which audiovisual programmes are provided or retransmitted. If no such requirement is imposed on the distributors of traditional audiovisual programmes, minors will be able to access television services with a pornographic content that are retransmitted on those platforms in line with the principle of broadcasting freedom.
Amendment 123 #
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation shouldought therefore to be encouraged. With a viewIn order to ensuringe a clearer and more consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should remain possible for Member StatesAt the same time, Member States should still be able to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35. It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(2a) Encourages Member States to request audiovisual service providers not to broadcast information the disclosure of which is liable to cause financial damage, or whose dissemination is liable to panic, misinform or manipulate the public, prior to the official announcement of the outcome of enquiries, audits or official checks by the competent authorities, since there is a possibility that such information could prove false and have an adverse financial impact on the internal market. Exemptions shall apply in cases where a public withdrawal is necessary and is officially announced by the competent authorities or made spontaneously by an economic agent, as well as in cases where consumers’ attention is drawn publically to potential risks.
Amendment 128 #
Proposal for a directive
Recital 32
Recital 32
(32) The video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC. In this connection, the concept of ‘video-sharing platform provider’ should be understood in the broadest sense of the term, so as to include linear service providers/ platforms for the retransmission of audiovisual media services, regardless of the technical means used for retransmission (cable, satellite or internet).
Amendment 129 #
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States shouldought therefore to guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
Amendment 131 #
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition. There is a need to introduce certain obligations for Member States to have independent regulatory authorities, and a set of administrative and financial requirements should be established in support of independent and effective regulatory authorities.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) The daily proportion of television advertising spots and teleshopping spots within any one hour in the period between 7:00 and 23:00 shall not exceed 20 %. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 3
Article 6 a – paragraph 3
(3) The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate theThe Commission, together with the ERGA, is encouraged to development of Union codes of conduct. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 2
Article 33 – paragraph 2
By [date – no later than fourthree years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Directive. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2010/13/EU
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(aa) the following paragraph 1a is inserted: (2a) Calls for prohibition of the distribution by audiovisual service providers of information the disclosure of which is liable to cause financial damage to, or damage the image of, any legal person governed by public or private law, or of information whose disclosure would be liable to panic, misinform or manipulate consumers, prior to the official announcement of the outcome of an enquiry by the competent authorities, as there is a possibility that such information could prove to be false and have an adverse financial impact on the internal market and/or economic agents. Exemptions shall apply to cases where a public withdrawal is necessary and is officially announced by the competent authorities or made spontaneously by an economic agent, as well as cases in which consumers’ attention is drawn publically to potential risks. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) The daily proportion of television advertising spots and teleshopping spots within the period between 720:00 and 23:00 shall not exceed 20 %.% within each one- hour period. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 a (new)
Article 30 a – paragraph 3 a (new)
(3a) to provide guidelines for the implementation of Article 13, especially as regards the implementation of catalogue requirements, financial contributions and derogations; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)